Bounty (Books) Amendment Act 1978 (Cth)

BOUNTY (BOOKS) AMENDMENT ACT 1978

No. 109 of 1978

An Act to amend the Book Bounty Act 1969.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Bounty (Books) Amendment Act 1978.

(2) The Book Bounty Act 1969 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. Section 1 of the Principal Act is repealed and the following section substituted:

Short title

“1. This Act may be cited as the Bounty (Books) Act 1969.”.

Interpretation

4. Section 3 of the Principal Act is amended by omitting “31 December 1978” from the definition of “the period to which this Act applies” in sub-section (1) and substituting “31 December 1979”.

5. After section 4 of the Principal Act the following section is inserted:

Uniformity

“4a. A power conferred on the Governor-General, the Minister or the Comptroller-General by this Act shall not be exercised in such a manner that bounty under this Act would not be uniform throughout the Commonwealth, within the meaning of paragraph (iii) of section 51 of the Constitution.”.

6. After section 9 of the Principal Act the following section is inserted:

Approval of payment of bounty

“9a. Where an application for bounty in respect of a book is lodged in accordance with the regulations, the Minister shall—

(a) if he is satisfied that bounty is payable in respect of that book—approve the payment of the bounty; or

(b) if he is not so satisfied—refuse to approve payment of the bounty.”.

7. Section 16 of the Principal Act is repealed and the following section substituted:

Securities

“16. The Minister may require a manufacturer of books to give security in an amount determined by the Minister by bond, guarantee or cash deposit, or by all or any of those methods, for compliance by him with the provisions of this Act and the regulations or for the purpose of an undertaking given by him for the purposes of this Act or the regulations, and the manufacturer is not entitled to bounty unless he gives security accordingly.”.

8. After section 20 of the Principal Act the following section is inserted:

Applications for review

“20a. Applications may be made to the Administrative Appeals Tribunal for review of—

(a) a direction by the Minister given under sub-section (2) of section 3a;

(b) a determination by the Minister made for the purposes of sub-section (2) of section 4;

(c) a determination by the Minister made for the purposes of sub-section (3) of section 4;

(d) a decision of the Minister under section 9;

 

(e) an approval of the Minister given under section 9a or a refusal of the Minister to give an approval under that section;

(f) a refusal of the Minister to register premises under section 11;

(g) a determination by the Minister made for the purposes of sub-section (6) of section 11 or a refusal of the Minister to make a determination for the purposes of that sub-section;

(h) a decision of the Minister made for the purposes of sub-section (7) of section 11; and

(j) a determination by the Minister of an amount of security made for the purposes of section 16.”.

Amendment of Administrative Appeals Tribunal Act

9. (1) The Schedule to the Administrative Appeals Tribunal Act 1975 is amended by omitting Part VII.

(2) Notwithstanding the amendments made by this section, applications may be made in accordance with the Part omitted by this section in respect of decisions given before the commencement of this section.